Legal Opinion

Spriggs v. State ex rel. Board of Commissioners

Indiana Supreme Court

Decided March 13, 1903No. 19,590PublishedCited by 4 opinions

Erom Jasper Circuit Court; T. F. Palmer, Judge. Action by the State on relation of the hoard of commissioners of Jasper county against Joel F. Spriggs and others. From a judgment for plaintiffs, defendants appeal. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtGillett, J.

— Action by appellee’s relator, on a bond given under §2, Acts 1891, p. 155, §5691 Burns 1901, to recover for costs advanced by it in the work of establishing a drain prior to the entering of an order of dismissal.

The power of the board of commissioners to dismiss the proceedings in question was affirmed in Thompson v. Board, etc., 118 Ind. 136. The authority of the board in that event to tax the costs against the petitioners was also affirmed in the case cited. We adhere to these rulings, and they dispose of most of the questions in this case.

The bond sued on was in the sum of $20,000. It is…

2Cases cited6 opinions

  1. Palmer v. GloverIndiana Supreme Court · 1881
  2. Smith v. FoxworthyNebraska Supreme Court · 1894
  3. Logansport & Pleasant Grove Turnpike Co. v. HeilIndiana Supreme Court · 1889
  4. Noonan v. BellIndiana Supreme Court · 1902
  5. City of Warrensburg v. SimpsonMissouri Court of Appeals · 1886

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3Cited by4 opinions

  1. Richert v. SchreiberIndiana Court of Appeals · 1946
  2. Carroll County v. CuthbertsonSupreme Court of Iowa · 1907
  3. Heller v. Fidelity & Casualty Co.Indiana Court of Appeals · 1924
  4. Woodward v. TroutIndiana Court of Appeals · 1920

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